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(영문) 대구지방법원 2013.05.10 2012고단7695

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

Even if the Defendant received an investment from the victims, the credit business at the time was not proper, and there was no intent or ability to pay the loan proceeds properly because the loaner did not pay the money properly.

1. On February 10, 2012, the Defendant made a false statement to the victim C that “I would leave profits if I make an investment in credit business.” From that time to that time, the Defendant received KRW 3,920,000 from the victim by account transfer from the Internet banking to the Internet banking.”

6. Between 19.19. A total of KRW 100,910,000 was delivered over 50 times as shown in the List of Offenses No. 1.

2. On May 30, 2012, the Defendant made a false statement to the victim D, “I wish to make an investment in credit business,” and received cash KRW 2,00,000 from the victim from that time, from that time, the Defendant received KRW 2,00,000 from the victim.”

6. Between 21.2 and 21. A total sum of KRW 31,00,000 was received over 15 times as shown in Appendix 2.

3. On May 12, 2012, the Defendant made a false statement to the victim E at an unspecified place in Daegu or does not exceed Daegu, stating that “I would leave profits to make an investment in credit business.” This year from that time, including the receipt of KRW 3,120,000 from the victim by account transfer from the victim to the Defendant’s passbook.

6. Between 19.1 and 19.0, a total of KRW 26,430,000 was received over 16 times as shown in Appendix 3.

Accordingly, the Defendant, by deceiving the victims, received a total of KRW 158,340,00,00 and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the second police interrogation protocol against the defendant

1. Part of statements D and E among the third police interrogation protocol against the accused;

1. Each police statement to C, D, and E;

1. Each investigation report (a report on hearing of a complainant C telephone statement and hearing of the complainant D telephone statement);

1. The complainant;